How Is A Divorce Granted? Will You Have To Go Before A Judge In Court?
Divorce can be overwhelming to understand. It can also be hard to understand the steps necessary to complete the divorce process and what paperwork and legal requirements are needed. This article will provide a comprehensive overview of the divorce process.
Hiring A Divorce Attorney
Going through a divorce can be an incredibly stressful and emotional journey. It’s essential to have someone by your side who understands the process and is familiar with the laws in your state.
Hiring a divorce attorney is often necessary to ensure you get the best possible outcome for yourself. A divorce attorney will help you make sense of all legal documents that need to be filed. They will also advise on what options are available depending on your situation.
Steps In Obtaining A Divorce
Divorce is not only a significant change in marital status but also involves legal matters that must be taken care of. In order to make the procedure more straightforward, it is essential to understand the steps involved in getting a divorce.
Filing Of Complaint
The first step in filing for a divorce is to file a complaint, usually done by an attorney. The document discloses to the court all information and facts relevant to the case. Furthermore, it outlines any spousal support or other financial arrangements that the court must decide upon.
The complaint should also list any children involved in the case. This includes their ages and custody issues that may arise from the separation. Additionally, it contains details on how marital property will be divided between spouses and lists of debts held jointly by them.
Serving The Defendant
The next step in the divorce process is to have the defendant served with a summons and complaint. Someone not involved in the divorce case must serve this document in person. It is typically served by a sheriff, constable, or professional process server.
Once the summons and complaint are served, they must be filed with the court that has jurisdiction over your divorce proceedings. This filing will begin your legal battle for a fair settlement and division of assets between you and your spouse.
Discovery (Contested)
Discovery is when both parties exchange information about finances and assets. This includes documents such as bank statements, tax returns, and other related material. If your case is contested, there will be an additional discovery period.
Discovery ensures that both parties are educated on financial matters before making final decisions regarding the division of assets or obligations. Gathering information during this period can help reduce potential disputes.
Deposition (Uncontested)
You may benefit from a comparatively more straightforward process if your divorce is not contested. When both spouses agree on most significant issues they typically don’t need to go through extensive discovery or present evidence in court. Instead, the evidence will be taken by deposition.
A deposition is a formal process that allows attorneys to take sworn testimony from witnesses outside the courtroom. The witness is questioned under oath about specific facts related to the case. Their answers are recorded verbatim by a court reporter or stenographer.
Final Decree Of Divorce (Uncontested)
The Final Decree Of Divorce is the document that legally terminates a marriage. It would be prepared for an uncontested divorce when both parties agree to the divorce terms and do not require the court’s intervention.
This document should contain all the details regarding the division of property, child custody, and spousal support as agreed upon by both parties. Once completed, it must be signed by both parties and filed with the court, along with a deposition.
Trial (Contested)
A contested divorce typically begins with pre-trial hearings. This is where attorneys exchange information and prepare for trial should an agreement not be reached. During these hearings, attorneys may also file motions as part of their case preparation.
If settlement conferences with the judge are unsuccessful, then the trial will take place. The trial includes the presentation of evidence followed by closing arguments from both sides. If one party is unhappy with the ruling, they may appeal to a higher court.
Summary
Hiring a skilled divorce attorney is the best way to ensure a successful outcome during a complicated divorce. A reasonable attorney can also represent you in court if needed. It is essential to have a professional who understands your individual needs.
Having a professional on your side who understands the law and will fight for your best interest is essential. The Irving Law offers many years of experience with various cases. This leaves clients confident that their claims will be handled efficiently and effectively. Their knowledge and expertise reassure you that you are in good hands throughout the process.
Find Out More About: Divorce Disadvantages When Filing Without A Lawyer
What Our Clients Say About Us
Our attorneys in Virginia will represent you in divorce, family, business formation, criminal, personal injury & estate planning cases.
Passionate, Fierce and Meticulous
I don’t normally post things and typically stay to myself, but I felt convicted as someone out there may be going through the same thing that I have- fighting for custody/ visitation of your child and can use some direction. There’s a lot of great attorneys/ firms out there and I have spent the money hiring and/ interviewing, but I needed a meticulous, fierce and dynamic one just to have a fighting chance. From the moment I met Attorney Rebecca Thacher, I knew she was the attorney for me. I didn’t feel like a client, I was family. What’s crazy about this….. My case was on a Monday morning, but because I retained her as my lawyer so late, I didn’t give her my information until almost after 4:00 on that Friday. She understood my plea for help and was absolutely fierce in the courtroom citing all my concerns and raised crucial points. I came out victorious. I’m a father and I know what it’s like for a child to be used as a weapon, with Attorney Rebecca Thacher you are not in this alone so please ask for help and retain her.
He’ll Fight For You In The Court Until You Can’t Fight AnymoreI got charged with a possession charge and couldn’t afford a lawyer at the time, so the court appointed Fernando to my case. Whenever you choose to get a court appointed lawyer you’re always taking a risk. Because you’re one of who knows how many clients the court has given him with the same problems. But, Fernando never made me feel like another “body” he’d do basic work for while moving to the next. He’s sincere, he listens, and genuinely wants his clients to succeed. He’ll fight for you in the court until you can’t fight anymore. He was truly a blessing and a great lawyer.
I Always Felt That She Had My Best Interests At Heart
Angela Morehouse at the Irving Law Firm represented me in my divorce and for the guardianship/conservatorship of my mother. Her and her paralegal are not only professional but thorough in their representation. I always felt that she had my best interests at heart and could count on her and the firm during my most difficult times. I would highly recommend Angela and the firm and wouldn’t hesitate to retain them in the future if the need arises.
He Is Such A Good Lawyer & Will Fight Hard For You
Mr.Irving literally saved my life. He is such a good lawyer and will fight hard for you. His whole staff is also super nice and professional. I was in big trouble and he managed to get my charges dropped down to a lower offence. I really appreciated his direct straight up approach with me, along with his empathy and understanding. I will never use another lawyer again. He really is the best!.
Has Been Fully Engaged In Working My Case From The Moment He Was Assigned!
A fantastic firm. I have used them for both criminal defense and civil law and cannot recommend them enough. For my civil case I was awarded significantly more than I thought I would be getting and it came in a very timely manner. Fernando, who is handling my criminal case, is amazing. He has been fully engaged in working my case from the moment he was assigned. He is trustworthy, provides honest assessments of situations, and has proven himself invaluable to me. In this very trying time he has also shown that he actually cares about my case and it’s outcome. I’m so grateful he’s on my side and I have recommended him to a number of friends and family members. If you need a lawyer this entire firm seems to be absolutely top notch.
He Delivered On Everything He Promised!
Mark B. was amazing! He delivered on everything he promised. He prepared me for worst case scenario and had a great plan from the beginning. Luckily he was able to get all charges dropped. He’s a very busy guy but never made me feel like he rushed anything. I usually do not like dealing with lawyers, but he’s a rare breed. He’s very professional, personable and likable. Best of all he charged me a flat fee up front. I owe that guy everything. Least I could do is leave a great review. I would definitely recommend him, and use his talents again if needed.
Thanks For The Comfort Of Having A Great Law Firm To Lean On!John Irving and the rest of the team at Irving Law Firm have provided exceptional service for all of my needs on multiple occasions. I would not recommend anyone else. They take the time to explain what will happen, keep you updated, and make sure to provide the best possible help they can. Thanks for the comfort of having a great law firm to lean on!
The Outcome Was Better Than We Could Have Hoped For
John and The Irving Law Firm handled our case with the utmost professionalism and dignity. We are grateful for John’s knowledge and his great reputation in the area. The outcome was better than we could have hoped for and, should we ever have need for legal services again, The Irving Law Firm will be our first call.
The Best Customer Service, Amazing Rates & Knowledge In The Business
John is an amazing lawyer with the experience and knowledge to represent anybody with any issues. I highly recommend the Irving Law Firm to anybody looking for a law firm with the best customer service, amazing rates and knowledge in the business.
Quick To Respond & Are Empathetic To Your Struggles
The attorneys at Irving and Irving are honest, hard-working and will stand by you until your case is closed. They are quick to respond and are empathetic to your struggles. If I ever need an attorney again, they are the only one’s I would trust. Thank you!
Handled My Case Including Guidance Before & During My Time In CourtJohn and his team are great at what they do. I was pleased at how they handled my case including guidance before and during my time in court. I would recommend them to anyone.
Genuinely Wants His Clients To Succeed & Cares For Their FutureMark is an outstanding lawyer. He has been nothing but respectful and professional since the day I have met him. He genuinely wants his clients to succeed and cares for their future. I Would definitely recommend him in the future to anybody who’s looking for a lawyer.
When I Say He Fought For Me He Fought For Me!
I want to say this is the best law firm. Mark is the best very professional and outstanding never lied to me was always upfront with me. He stood up for me in court he’s just awesome I can’t say enough about him. I would recommend this law firm to any and everyone that wants good representation. When I say he fought for me he fought for me!!!!! He always was there when I called or emailed if he was a tab bit busy. He knows what he is doing in the courtroom. Thank you so much Mark.
We are on a mission at The Irving Law Firm to provide exceptional service and client satisfaction.